Private First Class Bowe Bergdahl left his base near the town of Yahya Khel, Paktika province, in June 2009. He was captured and spent nearly five years in captivity. He says that after escape attempts, he was held blindfolded and chained to a bed for three months, and locked in a dark cage for very long periods, and beaten.
He was released in a negotiated prisoner exchange in May 2014. In March 2015, he was charged by the United States Army with one count of desertion, and one count of misbehavior before the enemy.
The presiding officer in his military hearing has recommended that he not serve any jail time, newspapers are now reporting. The information comes from Bergdahl's lawyer.
A US army hearing has recommended that a sergeant who was held captive by the Taliban and later charged with desertion be spared a prison sentence, lawyers for the soldier said.
The army officer presiding over Sgt Bowe Bergdahl's case also recommended he face a lower-level court martial, according to the lawyers.
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If, as suggested, he faces a lower-level hearing, the maximum punishment would be limited to a reduction of rank or bad conduct charge, Sgt Bergdahl's lawyer Eugene Fidell said.
US Sgt Bowe Bergdahl 'shouldn't face jail', hearing recommends, BBC
The US Army has not yet confirmed Visger's decision, which was submitted in writing last Monday.
Army officer recommends no jail time for Bowe Bergdahl, Deutsche Welle from news services
a filing released Friday night by Bergdahl’s defense team indicated what Visger had recommended.
Officer in Bergdahl Hearing Recommends No Jail Time, His Lawyers Say, Luis Martinez, ABC
The investigating officer, Lt. Col. Mark Visger, recomended a special court-martial, rather than a general court-martial, said Eugene Fidell, Bergdahl’s attorney. The process carries with it a maximum penalty of 12 months of confinement, forfeiture of two-thirds of a service member’s pay for a year, reduction in rank to private and a bad-conduct discharge.
Visger called for even lighter penalties than that, though, Fidell said. Visger recommended against both a bad-conduct discharge and confinement, Fidell said, potentially allowing the soldier to receive some military benefits after he leaves the Army.
The recommendation comes after a two-day preliminary hearing in San Antonio, in September, in which Visger heard testimony in Bergdahl’s case.
Lawyer: Army officer recommends against prison time in Bowe Bergdahl case, Dan Lamothe, Washington Post
Visger isn't the first officer connected with the case to recommend against jail time; Maj. Gen. Kenneth Dahl, who was charged with investigating Bergdahl's 2009 capture by the Taliban, testified last month that the now-29-year-old soldier should not be imprisoned for his actions.
Lawyer: Officer recommends no jail for Bergdahl, Army Times
A four star general will review the officer’s recommendation and determine how Bergdahl’s case will be handled.
Officer Recommends No Jail Time for Bowe Bergdahl, Lawyers Say, Sam Frizell , Time